According to the Special Marriage Act of 1954, two people from different castes, religions, or nationalities can marry in the presence of a marriage officer and three witnesses in India. The marriage officer so mentioned is generally the Sub-Registrar appointed under the Act of 1954. For further information on the subject, you are advised to seek the legal opinion of an experienced advocate in your city.
Conditions necessary for Court Marriage-
The Marriage Officer solemnises the Court Marriage between the bride and the bridegroom as per the Act when following conditions are fulfilled by the interested parties-
Those applying for a court marriage must not have a living spouse.
The bride and the groom-
Must be capable of giving valid consent to the marriage and shall not be of unsound mind.
Even if the parties are capable of giving their valid consent, they should not be suffering from a mental disorder of such kind which makes them unfit for marriage or procreation.
Don't suffer from recurrent attacks of insanity.
The age of the bride must be 18 years old or above and the age of the groom must be 21 years old or above.
Participants in the marriage must not be participating in any of the restricted partnerships.
Documents necessary to apply for Court Marriage-
The documents necessary to apply for Court Marriage in Patna are-
Separate affidavits from both bride and the groom related to-
Date of Birth of the parties
Documentary proof related to the marital status of the parties, i.e., if they are unmarried, divorced, or widowed
A declaration from the parties that they are not linked to one another in the prohibited connection
Passport size photos of the bride and groom.
Residential proof of the parties to the marriage.
Proof for the date of birth.
Copy of notice for intended marriage which is signed by the couple.
Copy of the decree of divorce, if either of the party has divorced or copy of the death certificate of the previous spouse if the concerned party is a widow or widower.
The documents which are required to be submitted by the witnesses-
Passport size photos
Copy of PAN card
Copy of identity proof
Procedure for Court Marriage-
Notice- the parties to the marriage must give the court marriage application form, i.e.the notice of the upcoming marriage to the police officer. The notice is required to be given to the marriage officer under whose area of jurisdiction any on of the parties to the court marriage in Lucknow has been staying for at least 30 days
Publication of the Notice- The Marriage Officer will then publish the notice for the intended marriage by having it affixed in a conspicuous place in the office of the Marriage Officer.
Objection to the marriage- an objection to the marriage application could be raised within a period of 30 days of publication of the notice of the intended marriage. Such objections to the marriage can be submitted to the marriage officer on the grounds that have been provided under the Act. In such a scenario, the marriage officer would inquire about the objection filed within 30 days from the date of receiving the objection. If the objection is found to be invalid by the marriage officer, he will solemnize the marriage on the prescribed date.
Declaration by the parties- if no objection has been raised against the marriage application or if an objection which was raised was found to be invalid by the marriage officer, the parties will have to appear before the marriage officer submitting their declaration as has been prescribed in the Third Schedule of the Act.
Later, a marriage certificate will be issued by the marriage officer, which is conclusive evidence of the marriage.
Conclusion.
As could be deduced from the above discussion, court marriage in Kanpur is a simple procedure that also involves a number of documents required to be submitted at various stages. Also, if an objection is raised against an application for marriage that is found to be valid by the marriage officer, the marriage application will be canceled. You will have to file an appeal against such a decision in the respective district court. Thus, an experienced advocate can advice you as well as as help you deal with the whole procedure for the court marriage
Lead India offers you a wide pool of experienced advocates who could deal with cases related to court marriages or other issues involving divorces, maintenance, child custody, etc. Hence, if you wish to talk to a lawyeror seek free legal advice, you may contact us.
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